Allocating Risk in Real Estate Leases: Contractual Indemnities, Additional Insured Endorsements, Subrogation Waivers

Real Estate Partners Janet Johnson and David Sattelberger will review the role of indemnification, insurance, and waivers of subrogation provisions in real estate lease transactions. Designed as a crash course for real estate leasing counsel, the co-presenters will identify complex issues in risk mitigation and explain the need to review Additional Insured (AI) endorsements and other insurance issues that need to be addressed when drafting risk-transfer language. More topics include:

• Drafting indemnification lease provisions that protect counsel’s clients whether the client is the landlord or the tenant.
• Steps to ensure that contractually required AI coverage under the named insureds policy is appropriate for the situation.
• Drafting waivers of claims that protect both landlords and tenants and block attempted exercise of subrogation rights by their insurers where appropriate.

CLE credit is available.

The recorded CLE presentation is currently available.